In the matter of Fraisher, LLC et al

Filing 8

ORDER GRANTING Pet's #2 Motion for Interim Relief & for Entry of a Concorsus Order as set out. The Letter of Undertaking (Doc. #1 -3) is ACCEPTED & APPROVED. Further prosecution of any action or proceeding against Pets or their property is ENJOINED as set out. Notice shall be issued as set out. Pets are responsible for coordinating w/the USM as to publication dates. The Clerk shall issue notice as set out. Signed by District Judge Terry F. Moorer on 10/4/19. (Attachment: #1 Notice to Claimants of Complaint for Exoneration from or Limitation of Liability) (2 cert. copies hand-delivered to the USM on 10/4/19) (tot)

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Case 1:19-cv-00618-TFM-MU Document 1-5 Filed 09/06/19 Page 1 of 2 PageID #: 16 UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF ALABAMA IN THE MATTER OF FRAISHER, LLC AS OWNER OF THE M/V UP THERES, AND TOP TIER WATERSPORT, LLC AS CHARTERER, OPERATOR, AND/OR OWNER PRO HAC VICE OF THE M/V UP THERES, FOR EXONERATION FROM OR LIMITATION OF LIABILITY CIVIL ACTION NUMBER: 1:19-CV-618 NOTICE TO CLAIMANTS OF COMPLAINT FOR EXONERATION FROM OR LIMITATION OF LIABILITY Notice is hereby given that Fraisher, LLC, as owner and Top Tier Watersport, LLC, as charterer, operator, and/or owner pro hac vice of the M/V UP THERES, (“collectively Petitioners”), have filed a Petition for Exoneration From or Limitation of Liability (the “Petition”) pursuant to 46 U.S.C. § 30501 et seq., and all laws supplementary thereto and amendatory thereof, for exoneration from or limitation of liability of all claims for any loss, destruction, injuries, or damage arising out of a marine casualty occurring in the Gulf of Mexico near Orange Beach, Alabama on April 10, 2018. All persons, firms, corporations, or other legal entities having such claims against the aforementioned vessel or Petitioners must file their respective claims, as provided in Rule F of the Supplemental Rules for Certain Admiralty and Maritime Claims of the Federal Rules of Civil Procedure, with the Clerk of the United States District Court, Southern District of Alabama, 155 St. Joseph Street, Mobile, Alabama, 36602, and must serve a copy thereof on counsel for Petitioner, on or before November 18, 2019, or be defaulted. If any claimant desires to contest either the right to exoneration from or the right to limitation of liability, he or she shall file and serve on counsel for Petitioners an answer to the PD.26707096.1 Case 1:19-cv-00618-TFM-MU Document 1-5 Filed 09/06/19 Page 2 of 2 PageID #: 17 Limitation Petition on or before the aforesaid date unless his/her claim has included an answer so designated, or be defaulted. Mobile, Alabama, on this 4th day of October, 2019. Tammy Thornton , De t er _______________________________________ CLERK OR DEPUTY CLERK OF COURT ! 2 PD.26707096.1

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